Case 2:13-cv-00395-AWA-LRL Document 14-1 Filed 08/22/13 Page 1 of 3 PageID# 68

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIANORFOLK DIVISION TIMOTHY B. BOSTIC, and TONY C. LONDON, Plaintiffs, v. ROBERT F. MCDONNELL, in his official capacity as Governor of Virginia, and KENNETH T. CUCCINELLI, in his official capacity as Attorney General of Virginia, and GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, Defendants. CONSENT ORDER This Day came the parties, by counsel, upon the Plaintiffs Agreed Motion for Entry of a Consent Order to Suspend Briefing on Motion to Dismiss and Motion to Intervene, and To Set Deadlines for Filing Amended Complaint and For Filing Cross-Motions for Summary Judgment. It appearing that Defendants and the Commonwealth do not object to the motion filed by Plaintiffs, it is hereby ADJUDGED, ORDERED AND DECREED that 1) briefing on the Motion to Dismiss filed by Defendants McDonnell and Cuccinelli and the Motion to Intervene filed by the Commonwealth of Virginia is suspended indefinitely CASE NO. 2:13cv00395

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pending filing of an amended complaint; 2) Plaintiffs shall file an amended complaint by August 30, 2013 and Defendants have twenty-one days to respond; and 3) the parties agree that they shall file cross-motions for summary judgment and supporting materials by September 30, 2013, responses to those cross-motions by October 24, 2013, and rebuttals by October 31, 2013. Entered this ____ day of August 2013.

________________________ Judge WE ASK FOR THIS:

_________/s/__________________ Charles B. Lustig VSB #29442 Thomas B. Shuttleworth VSB #13330 Robert E. Ruloff VSB # 13471 Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C. 4525 South Blvd., Suite 300 Virginia Beach, VA 23452 (757) 671-6057 (phone) (757) 671-6004 (fax) clustig@srgslaw.com tshuttleworth@srgslaw.com rruloff@srgslaw.com Counsel for Plaintiffs Timothy B. Bostic and Tony C. London ___________/s/_______________ E. Duncan Getchell, Jr. Solicitor General of Virginia VSB # 14156 2 __________/s/___________ David B. Oakley VSB # 72226

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Office of the Attorney General 900 East Main Street Richmond, VA 23219 (804) 786-7240 (phone) (804) 371-0200 (fax) dgetchell@oag.state.va.us Counsel for Defendants McDonnell and Cuccinelli And for the Commonwealth of Virginia

Poole & Mahoney PC 860 Greenbrier Circle, Ste. 401 Chesapeake, VA 23320 (757) 962-6625 (phone) (757) 962-6180 DOakley@poolemahoney.com Counsel for Defendant George E. Schaefer, III